LOCAL GOVERNMENT ACT 1993 - SECT 46
Leases, licences and other estates in respect of community land--generally
LOCAL GOVERNMENT ACT 1993 - SECT 46
Leases, licences and other estates in respect of community land--generally
46 Leases, licences and other estates in respect of community land--generally
(1) A lease, licence or other estate in respect of community land--
(a) may be
granted for the provision of public utilities and works associated with or
ancillary to public utilities, or
(a1) may be granted for the purpose of
providing pipes, conduits or other connections under the surface of the ground
for the connection of premises adjoining the community land to a facility of
the council or other public utility provider, or
(b) may be granted, in
accordance with an express authorisation in the plan of management and such
provisions of the plan of management as apply to the granting of the lease,
licence or other estate--
(i) for a purpose prescribed by subsection (4), or
for a purpose prescribed by any of sections 36E to 36N as a core objective of
the categorisation of the land concerned, or
(ii) for a purpose prescribed by
the regulations, if the plan of management applies to several areas of
community land, or
(iii) for a short-term, casual purpose prescribed by the
regulations, or
(iv) for a residential purpose in relation to housing owned
by the council, or
(c) may be granted in order to allow a filming project to
be carried out, whether or not the project is in accordance with the plan of
management or is consistent with the core objectives of the categorisation of
the land concerned,
but may not otherwise be granted.
(2) Despite subsection
(1), a lease, licence or other estate in respect of community land may be
granted for a purpose mentioned in subsection (1)(b) only if the purpose for
which it is granted is consistent with the core objectives, as prescribed in
this Part, of its categorisation.
(3) A council must not grant a lease or
licence for a period (including any period for which the lease or licence
could be renewed by the exercise of an option) exceeding 30 years.
(4) The
following purposes are prescribed for the purposes of subsection (1)(b)(i)--
(a) the provision of goods, services and facilities, and the carrying out of
activities, appropriate to the current and future needs within the local
community and of the wider public in relation to any of the following--
(i)
public recreation,
(ii) the physical, cultural, social and intellectual
welfare or development of persons,
(b) the provision of public roads.
(5)
Purposes prescribed by subsection (4) in relation to the matters mentioned in
subsection (4)(a)(ii) include, but are not limited to, maternity welfare
centres, infant welfare centres, kindergartens, nurseries, child care centres,
family day-care centres, surf life saving clubs, restaurants or refreshment
kiosks.
(5A) A council must grant an application under subsection (1)(c) for
a lease, licence or other estate in respect of community land in order to
allow a filming project to be carried out on the land unless--
(a) the
community land is land referred to in section 47AA(1), or
(b) the plan of
management for the land expressly prohibits use of the land for the purposes
of filming projects, or
(c) the council is satisfied that there are
exceptional circumstances that warrant refusal of the application.
(5B)
Before refusing an application on a ground referred to in subsection (5A)(c),
the council must consider whether any concerns it has could be addressed by
imposing conditions on the grant.
(5C) If the council refuses an application,
it must--
(a) inform the applicant in writing of its decision as soon as
practicable after it is made, and
(b) give the applicant reasons in writing
for its decision within 3 business days after it is made.
(6) A plan of
management is void to the extent that it purports to authorise the grant of a
lease, licence or other estate in contravention of this section.